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725 ILCS 5/110-7

(725 ILCS 5/110-7)(from Ch. 38, par. 110-7)Sec. 110-7. Deposit of bail security. (a) The person for whom bail has been set shall execute the bail bond and
deposit with the clerk of the court before which the proceeding is pending a
sum of money equal to 10% of the bail, but in no event shall such deposit be
less than $25. The clerk of the court shall provide a space on each form for a
person other than the accused who has provided the money for the posting of
bail to so indicate and a space signed by an
accused who has executed the bail bond indicating whether a person other
than the accused has provided the money for the posting of bail. The form
shall also include a written notice to such person who has provided
the defendant with the money for the posting of bail indicating that the bail
may be used to pay costs, attorney's fees, fines, or other purposes authorized
by the court and if the
defendant fails to comply with the conditions of the bail bond, the court
shall enter an order declaring the bail to be forfeited. The written notice
must be: (1) distinguishable from the surrounding text; (2) in bold type or
underscored; and (3) in a type size at least 2 points larger than the
surrounding type. When a person for whom
bail has been set is charged with an offense under the Illinois Controlled
Substances Act or the Methamphetamine Control and Community Protection Act which is a Class X felony, or making a terrorist threat in violation of
Section 29D-20 of the Criminal Code of 1961 or the Criminal Code of 2012 or an attempt to commit the offense of making a terrorist threat, the court may require the
defendant to deposit a sum equal to 100% of the bail.
Where any person is charged with a forcible felony while free on bail and
is the subject of proceedings under Section 109-3 of this Code the judge
conducting the preliminary examination may also conduct a hearing upon the
application of the State pursuant to the provisions of Section 110-6 of this
Code to increase or revoke the bail for that person's prior alleged offense.(b) Upon depositing this sum and any bond fee authorized by law, the person
shall be released
from custody subject to the conditions of the bail bond.(c) Once bail has been given and a charge is pending or
is thereafter filed in or transferred to a court of competent
jurisdiction the latter court shall continue the original bail
in that court subject to the provisions of Section 110-6 of this Code.(d) After conviction the court may order that the original
bail stand as bail pending appeal or deny, increase or reduce bail
subject to the provisions of Section 110-6.2.(e) After the entry of an order by the trial court allowing
or denying bail pending appeal either party may apply to the
reviewing court having jurisdiction or to a justice thereof
sitting in vacation for an order increasing or decreasing the
amount of bail or allowing or denying bail pending appeal subject to the
provisions of Section 110-6.2.(f) When the conditions of the bail bond have been performed
and the accused has been discharged from all obligations in the
cause the clerk of the court shall return to the accused or to the
defendant's designee by an assignment executed at the time the bail amount
is deposited, unless
the court orders otherwise, 90% of the sum which had been
deposited and shall retain as bail bond costs 10% of the amount
deposited. However, in no event shall the amount retained by the
clerk as bail bond costs be less than $5. Notwithstanding the foregoing, in counties with a population of 3,000,000 or more, in no event shall the amount retained by the clerk as bail bond costs exceed $100. Bail bond deposited by or on
behalf of a defendant in one case may be used, in the court's discretion,
to satisfy financial obligations of that same defendant incurred in a
different case due to a fine, court costs,
restitution or fees of the defendant's attorney of record. In counties with
a population of 3,000,000 or more, the court shall
not order bail bond deposited by or on behalf of a defendant in one case to
be used to satisfy financial obligations of that same defendant in a
different case until the bail bond is first used to satisfy court costs and
attorney's fees in
the case in which the bail bond has been deposited and any other unpaid child
support obligations are satisfied. In counties with a population of less than 3,000,000, the court shall
not order bail bond deposited by or on behalf of a defendant in one case to
be used to satisfy financial obligations of that same defendant in a
different case until the bail bond is first used to satisfy court costs
in
the case in which the bail bond has been deposited.At the request of the defendant the court may order such 90% of
defendant's bail deposit, or whatever amount is repayable to defendant
from such deposit, to be paid to defendant's attorney of record.(g) If the accused does not comply with the conditions of
the bail bond the court having jurisdiction shall enter an
order declaring the bail to be forfeited. Notice of such order
of forfeiture shall be mailed forthwith to the accused at his
last known address. If the accused does not appear and surrender
to the court having jurisdiction within 30 days from the date of
the forfeiture or within such period satisfy the court
that appearance and surrender by the accused is impossible
and without his fault the court shall enter judgment for the State if the
charge for which the bond was given was a felony
or misdemeanor, or if the charge was quasi-criminal or traffic,
judgment for the political subdivision of the State which
prosecuted the case, against the accused for the amount of
the bail and costs of the court proceedings; however,
in counties with a population of less than 3,000,000, instead of the court
entering a judgment for the full amount
of the bond the court may, in its discretion, enter judgment for the cash
deposit on the bond, less costs, retain the deposit for further disposition or,
if a cash bond was posted for failure to appear in a matter involving
enforcement of child support or maintenance, the amount of the cash deposit on
the bond, less outstanding costs, may be awarded to the person or entity to
whom the child support or maintenance is due. The deposit
made in accordance with paragraph (a) shall be applied to
the payment of costs. If judgment is entered and any amount of such
deposit remains
after the payment of costs it shall be applied to payment of
the judgment and transferred to the treasury of the municipal
corporation wherein the bond was taken if the offense was a
violation of any penal ordinance of a political subdivision
of this State, or to the treasury of the county wherein the
bond was taken if the offense was a violation of any penal
statute of this State. The balance of the judgment may be
enforced and collected in the same manner as a judgment entered
in a civil action.(h) After a judgment for a fine and court costs or either is
entered in the prosecution of a cause in which a deposit had
been made in accordance with paragraph (a) the balance of such
deposit, after deduction of bail bond costs, shall be applied
to the payment of the judgment.(i) When a court appearance is required for an alleged violation of the Criminal Code of 1961, the Criminal Code of 2012, the Illinois Vehicle Code, the Wildlife Code, the Fish and Aquatic Life Code, the Child Passenger Protection Act, or a comparable offense of a unit of local government as specified in Supreme Court Rule 551, and if the accused does not appear in court on the date set for appearance or any date to which the case may be continued and the court issues an arrest warrant for the accused, based upon his or her failure to appear when having so previously been ordered to appear by the court, the accused upon his or her admission to bail shall be assessed by the court a fee of $75. Payment of the fee shall be a condition of release unless otherwise ordered by the court. The fee shall be in addition to any bail that the accused is required to deposit for the offense for which the accused has been charged and may not be used for the payment of court costs or fines assessed for the offense. The clerk of the court shall remit $70 of the fee assessed to the arresting agency who brings the offender in on the arrest warrant. If the Department of State Police is the arresting agency, $70 of the fee assessed shall be remitted by the clerk of the court to the State Treasurer within one month after receipt for deposit into the State Police Operations Assistance Fund. The clerk of the court shall remit $5 of the fee assessed to the Circuit Court Clerk Operation and Administrative Fund as provided in Section 27.3d of the Clerks of Courts Act.
(Source: P.A. 99-412, eff. 1-1-16.)